Trusts – Trust Certificates – Nevada
Nevada Revised Statutes
TITLE 13 – GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS Chapter 164 Administration of Trusts
CERTIFICATIONS OF TRUST IN LIEU OF TRUST INSTRUMENTS
Presentation; effect; form.
1. Except in connection with an application for benefits pursuant to chapter 422 of NRS, a trustee may present a certification of trust to any person, in lieu of a copy of any trust instrument, to establish the existence or terms of the trust. The trustee may present the certification voluntarily or at the request of the person with whom he is dealing.
2. Such a certification must be in the form of an affidavit signed and acknowledged by all of the currently acting trustees of the trust. Title 13, Chap. 164, §164.400
1. A certification of trust may confirm the following facts or contain the following information:
(a) The existence of the trust and date of execution of any trust instrument;
(b) The identity of the settlor and each currently acting trustee;
(c) The powers of the trustee and any restrictions imposed upon him in dealing with assets of the trust;
(d)The revocability or irrevocability of the trust and the identity of any person holding a power to revoke it;
(e) If there is more than one trustee, whether all of the currently acting trustees must or less than all may act to exercise identified powers of the trustee;
(f) The identifying number of the trust and whether it is a social security number or an employer identification number; and
(g) The form in which title to assets of the trust is to be taken.
2. The certification must contain a statement that the trust has not been revoked or amended to make any representations contained in the certification incorrect, and that the signatures are those of all the currently acting trustees. Title 13, Chap. 164, §164.410
Dispositive provisions not required; person presented with certification may request excerpts from trust instrument designating trustee.
A certification of trust need not contain the dispositive provisions of the trust, but the person to whom the certification is presented may require copies of excerpts from any trust instrument which designate the trustee or confer upon him the power to act in the pending transaction. Title 13, Chap. 164, §164.420
Reliance upon facts contained in certification; enforceability.
1. A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A person who does not know that the facts contained in the certification are incorrect may assume without inquiry the existence of the facts contained in the certification. Knowledge may not be inferred solely from the fact that a copy of all or part of a trust instrument is held by the person relying upon the certification.
2. A transaction, and any lien created thereby, entered into by a trustee and a person acting in reliance upon a certification of trust is fully enforceable against the assets of the trust unless the person knows that the trustee is acting outside the scope of the trust. Title 13, Chap. 164, §164.430
Failure to demand certification not improper act; liability.
A person’s failure to demand a certification of trust may not be considered to be an improper act by him and no inference as to whether he has acted in good faith may be drawn from the failure to demand a certification of trust. This section creates no implication that a person is liable for acting in reliance upon a certification of trust under circumstances where the requirements of NRS 164.400 to 164.430, inclusive, are not satisfied. Title 13, Chap. 164, §164.440